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Testimonials That Speak Volumes
At Robert A. Klingler Co., your satisfaction is our priority! See for yourself what our clients have to say about working with us.
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"Thorough, honest and compassionate."Throughout the entire trial, their leadership, guidance, support, and positive perspective, helped me continue a well won battle.- P.K., Cincinnati, Ohio
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"A positive experience from beginning to end."The amount of research and time put into my case proved to be the reason we came out successful. I not only gained a lawyer but also a friend and contact forever.- C.D., Atlanta, Georgia
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"Extraordinary service."Litigation should be the last resort when trying to resolve differences, but when it became necessary using this firm provided peace of mind during the entire process.- L.D., Cincinnati, Ohio
Whistleblower Protection in Cincinnati, Ohio
A whistleblower is someone who reports dangerous or illegal conduct to the appropriate authorities. Whistleblowers are protected from retaliation by their employer under certain circumstances. Ohio whistleblower laws protect employees who work both in the government and in the private sector. You may be a “whistleblower” if you file a complaint of an employer’s wrongdoings, such as:
- Certain illegal acts
- Corruption
- Violations, such as misleading financial reporting
Section 4113.52 of the Ohio Revised Code applies to state employees and protects you if you report a criminal offense that is likely to cause physical harm or a public safety hazard, a felony or an improper solicitation of money or gifts. Broad protection is lacking, so if your complaint doesn’t fall within a narrow set of offenses, you may lose protection.
Private employees are also protected in Ohio if they make complaints of wrongdoing, including violations of state or federal law. An employee typically must report the situation internally before reporting the violation to outside authorities.
Federal law also protects whistleblowers. You may be protected by federal law from retaliation if you report concerns to the appropriate authorities regarding workplace health and safety, financial fraud, or other unlawful employer practices.
Employers cannot retaliate against you for being a whistleblower. If the law protects your complaint, employees gain protection against demotion, termination, reassignment, or other disciplinary actions from the employer. Negative employment actions taken within 180 days of your complaint are likely to be viewed as unlawful retaliation or discrimination.
Read through our list of whistleblower laws to learn more about your rights as a whistleblower.
If you’re a whistleblower or have uncovered employer wrongdoings and are considering filing a complaint, contact a whistleblower protections attorney before you take any other steps, to be sure you are doing what is necessary to protect your rights.
Common Types of OH Whistleblower Cases
Whistleblowers take a stance against the illegal actions of their employers, which often fall into one of the following categories below:
- Health and Safety Violations: Unsafe working conditions are all too common, posing risks to employee health and safety. The Occupational Safety and Health Administration has an extensive Whistleblower Protection Program. Employees can file claims with OSHA to protect themselves and others in the workplace. Your employer cannot retaliate against you for filing a complaint with OSHA, participating in an OSHA inspection, or reporting a work-related injury or illness.
- Discrimination and Harassment: Employees who witness or experience discrimination or harassment in the workplace can report the conduct and receive protection from retaliation.
- Financial Misconduct and Fraud: One of the most common types of whistleblower claims. They can include embezzlement, insider trading or other illicit activities. These claims are protected under the Sarbanes-Oxley Act and your employer cannot retaliate against you for reporting potentially fraudulent activities or for cooperating in an investigation into these claims
- Environmental Violations: Environmental-related claims may be related to the improper disposal hazardous waste, unlawful release of pollutants, or other violations. Claims of this type can be filed under the Environmental Protection Agency’s whistleblower protection program.
If your complaint type is not listed above, schedule a consultation with us to learn if you have a valid complaint.
What can you do to protect yourself?
The fact is that whistleblower protection law is complex and not always intuitive. We recently took a case all the way to the Ohio Supreme Court to establish that a hospice nurse could not be fired for reporting suspected abuse or neglect of an elderly assisted living resident to the resident’s daughter. The defendants argued that the nurse had not reported it correctly. Until our case was decided, the law in Ohio was unclear on that point. It is best to consult an experienced lawyer to learn what you should do in your specific situation.
If you have been witness to, or have evidence related to violations of federal or state law, you should consult your company’s policy on reporting. Many workplaces supply a human resources guide upon being hired. If your company has a procedure in place to report workplace problems, those may be the appropriate steps to take. However, you should not depend upon the company’s policies as an accurate statement of the law, nor should you depend upon them to protect your legal rights. If the actions pose an immediate threat to the health and safety of another person, then alerting the police or other emergency personnel may make sense. By all means, use your best judgment in deciding who needs to be alerted to protect yourself and others in an emergency. But when possible, consult an experienced employment lawyer to be sure you protect your own rights and safety.
If the employee has evidence related to wage law violations or other employment issues, reporting this information may be protected by state law. Speaking to an experienced Cincinnati, Ohio, whistleblower attorney to discuss filing a lawsuit can be very important and can help to ensure that you adhere to Ohio and federal law. If you have been wronged after reporting an injustice or unlawful act in your workplace, it is ultimately our goal that you recover the appropriate compensation in court for your damages.
However, Ohio’s whistleblower statute is very complicated and difficult to understand—even for lawyers and judges. You should consult a lawyer if at all possible to be sure you follow the complicated procedures in the Ohio Whistleblower statute.
Responsibilities as a Whistleblower
The reporting procedure must be followed in order to receive protection under either Ohio or federal statute. Another requirement is that the report has been made in good faith and with a reasonable belief that the actions have violated the law. Although the complaint will be thoroughly investigated, the “complaint does not have to be proven right.” Potential whistleblowers ought to keep in mind the important distinction between factual accuracy and making intentionally false or unfounded complaints. If a complaint is found to be falsified, the employee may “face workplace discipline or penalties for reporting false information to the government.”
Another important facet to the proceedings is confidentiality. If the person reporting has done so anonymously, then confidentiality is kept in place. However, reporting anonymously precludes the choice of filing a lawsuit and, with it, the ability to recover damages.